What consent and dissent actually mean
The words sound adversarial, but in the Act they are procedural. Consent means you agree that, at this point, nothing about the notified work is in dispute. Dissent means a dispute exists, or is deemed to exist, so the procedure in s.10 applies: surveyors are appointed and they settle the terms of the work by an Award. For party structure and excavation notices, silence for 14 days is treated as dissent (s.5, s.6(7)).
What consent does not mean is just as important. It does not waive your right to compensation for damage under s.7(2). It does not allow the building owner to cause unnecessary inconvenience (s.7(1)). It does not allow them to deviate from the notified work without your agreement (s.7(5)). And if a disagreement arises later, a dispute can arise then and surveyors can be appointed under s.10.
Pros and cons at a glance
| Response | Pros | Cons | Best for |
|---|---|---|---|
| Consent | Fast, no cost, preserves goodwill | No record of your property’s condition, so damage claims are harder to prove | Very minor work where you have your own detailed photos |
| Consent with Schedule of Condition (recommended) | Fast, keeps full Act protection, clear independent record | A short visit to record your property | Most straightforward beams, lofts, chimney breast removals and single-storey extensions |
| Dissent: Agreed Surveyor | A full Award covering method, hours, access and protection; one impartial surveyor; usually quicker and cheaper than two | Both owners must agree on the person; no third surveyor is selected | Moderate works where you want formal terms but relations are good |
| Dissent: own surveyor | A surveyor you choose; best for complex or contentious work; a third surveyor is available if the two disagree | Longest and most costly route for the building owner | Basements, underpinning, deep excavations, poor information, strained relations |
Why dissent is not hostile
Every surveyor appointed under the Act, including the one you choose, has a statutory duty to act impartially and settle the dispute fairly. Your surveyor is not your advocate in the way a solicitor would be; they are there to make sure the Award properly protects your property and deals fairly with the matters in issue. The government booklet explains this in plain terms. Most building owners and their advisers expect a proportion of neighbours to dissent and plan for it. A dissent framed politely (“we are happy for the work to proceed, but would like surveyors to agree the details”) rarely causes friction.
Six questions surveyors ask when advising neighbours
- How close and how deep is the work? Cutting a beam pocket into a solid party wall is a different order of risk from a basement dug below your foundations.
- Is the information good? Clear architect’s drawings and engineer’s calculations point towards consent with a Schedule. Vague notices with no drawings point towards dissent.
- Will you need terms beyond the drawings? Working hours, protection of your garden, access for scaffolding, dust control, or making good to your side of the wall are matters an Award can deal with (s.10(12)).
- Does work involve your land? If the building owner needs to enter your property to do the work, they must give at least 14 days’ notice of entry (s.8(3), s.8(4)). Access arrangements often justify an Award.
- Is there pre-existing damage or defect? If the party wall is already in poor condition, cost-sharing under s.11(4) may be in issue, which is better decided formally.
- How is your relationship? If communication is already difficult, two surveyors can keep matters professional.
A decision guide
| If the works are… | Our usual recommendation |
|---|---|
| A single beam, flashing, or chimney breast removal with clear drawings | Consent subject to a Schedule of Condition |
| A loft conversion or rear extension with s.6 foundations at normal depth | Consent subject to a Schedule of Condition, or an Agreed Surveyor if you want terms on hours or access |
| Works needing access to your land, scaffolding over your roof, or temporary removal of your fixtures | Agreed Surveyor |
| Underpinning the party wall, a basement, piling, or demolition and rebuild of the party wall | Own surveyor |
| A notice with no drawings, or a building owner who has already started work | Own surveyor |
A building owner plans a rear extension and serves s.6 notices on both neighbours. Mr B, on one side, has a newer house with deep foundations; the engineer’s sections show the new footings will be no deeper than his. He consents subject to a Schedule of Condition and the work proceeds once the notice period ends. Ms C, on the other side, lives in an older house with shallow footings and the excavation will go below them. She dissents and appoints her own surveyor, who asks for a construction sequence and requires the excavation to be dug in short sections and backfilled the same day. Both outcomes are reasonable responses to different risks.
This is an illustrative scenario to show how the Act works in practice. It is not a real case, and the outcome on any real project depends on its own facts.
Can you change your mind?
If you consent, you cannot later “withdraw” consent to the notified work, but if a genuine difference arises (for example over damage, a change in design, or the way work is being carried out) a dispute can arise at that point and surveyors can be appointed. If you dissent and appoint a surveyor, that appointment cannot be rescinded (s.10(2)). If you have agreed an Agreed Surveyor and they refuse or neglect to act, the process begins again (s.10(3)).
Checklist before you reply
- Read every notice and the drawings, and note the 14-day deadline.
- Identify what is closest to the work: party wall, chimney breast, foundations, garden wall.
- Look for existing cracks and photograph them.
- Ask the building owner any questions in writing, promptly.
- Choose your option using the table above.
- If appointing a surveyor, confirm their fees will be sought from the building owner.
- Reply in writing, signed by all owners, and keep a copy.
Related reading: what to do when you receive a notice, Schedules of Condition for neighbours and Agreed Surveyor vs your own surveyor.
What a surveyor would say to you on the phone
When neighbours call us unsure how to reply, we ask three things: what exactly is being done to or near the party wall, how close any excavation is to your foundations, and whether the drawings answer your obvious questions. If the work is a routine beam or chimney breast removal by a competent builder with an engineer’s design, we will usually suggest consent subject to a Schedule of Condition. If you would like set working hours, for example because you work from home or have young children, an Agreed Surveyor can include them in the Award. If you are facing a basement, underpinning or demolition of the party wall, or simply do not trust the information you have, appoint your own surveyor. None of these choices is “wrong”; each is proportionate to a different level of risk.
Key points
- Consent and dissent are procedural steps, not statements about your relationship.
- Consent does not remove your right to compensation for damage (s.7(2)).
- Silence for 14 days on a s.3 or s.6 notice is treated as dissent.
- Appointments of surveyors are in writing and cannot be withdrawn (s.10(2)).
- The building owner normally pays the reasonable costs of the Award (s.10(13)).
How we can help
We have handled party wall matters on more than 750 projects, acting for building owners and adjoining owners. If you have received a notice, we can prepare a Schedule of Condition of your property, act as Agreed Surveyor for both owners, or act as your own surveyor. In the normal case the building owner pays the reasonable surveyors’ fees, including ours when we act for you (s.10(13)). Call free on 08000 487897 or see your options as a neighbour.
- Received a notice? Your options as an adjoining owner
- Fixed fees: party wall agreement cost
- Do I need a party wall agreement? (1-minute check)
Areas we cover include Party Wall Agreement Essex · Party Wall Agreement Kent · Party Wall Agreement Hertfordshire and more.
Sources: Party Wall etc. Act 1996 (legislation.gov.uk) · The Party Wall etc. Act 1996: explanatory booklet (GOV.UK) · Faculty of Party Wall Surveyors (FPWS). Last reviewed 27 October 2026. General guidance on the law in England and Wales, not legal advice.